Free Waiver of Service Executed - District Court of Delaware - Delaware


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Date: January 29, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07—cv—00477-GIVIS Document 24 Filed 01/29/2008 Page 1 of 2
R RETURN OF WAIVER OF SERVICE OF SUMMONS ·
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.07—477 in the United States District of Delaware. l have also received a copy of the
. complaint in the action, two copies of this form, a copy of the Order of the Court authorizing
service and a means by which I can return the signed waiver without cost to me.
I agree to save the cost of service of a summons and an additional copy ofthe complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue ofthe
Court, except for objections based on a defect in the summons or in the service ofthe summons.
. I understand that a judgement may be entered against the party on whose behalf I am
acting if a response isnot served and filed within 60 days after: January 15. 2008.
Date: jfgcglag - .
. #"'J I
[é¤5ggZ' éggflivll
Signature of Defendant Printed or Typed Name ‘
V DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary cost of service of the summons and the complaint. A defendant located in the
. United States, who, after being notified of an action and asked to waive service of summons `
on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
Waiver. _
It is not good cause for a failure to waive service that a party believes that the complaint is
unfounded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the subject matter of the action or over defendant's person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to the jurisdiction ofthe
Court or to the place to where the action has been brought. _
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint g
and must also file a signed copy of the response with the Court. If the answer or a motion is ng
served within this time, a default judgement may be taken against that defendant. By waiving<'é?· E?
service, a defendant is allowed more time to answer than if the summons had been actually.- . $5- ?j_$,,._
. served when the request for waiver of service was received. If,
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Case 1 :07—cv—00477-GIVIS Document 24 Filed 01/29/2008 Page 2 of 2
U S D ef J - PROCESS RECEIPT AND RETURN .
. . epartment 0 usttce . .. . ,.
, _ See Instructions for Service of Process by the US. Marshal
UHIIBCI SIZHICCS Marshals SCIVICC on the reverse of this form.

PLAINTIFF _ _ _ _' \ ‘ l COURT CASE N BER I _
. .- I A V ‘ { ‘_ ‘ _ ‘ _.
ig, . J y f · A0'}! 00 A4
DEFENDANT -e " / TYPE or PROCESS
..4I ‘ ` V. ·‘4 ii [I- Q ‘
if ,4._ 4 5 51 . dau c»z:z‘<.s.é
SERVE NAME {DF I DIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION_OF'PROPERTY TO SEIZE OR CONDEMN
» hint - u . \»_¢J_I_\ gr ,\ ·._ ` . `i=` W 1 I
ADDRESS ( treet or RFD, Apartment No. City, State and ZIP Code) V
AT _i`\ _ _ I L , ’ · .. ui T . _ R} NA Q W Q-
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND A DRESS BELOW:
--—-——- — —-——————————————--——————-——- ——l Number of process to be
V? aix lserved with this Form - 285
tlL\.§ mr A t I.
Q \ 4 { Number of panics to be mg
~ I served in this Case EQ
zx
I, I 'Chek fm miss E FFF:
l _ Ion U S A wi? 171
¢*"·*··•—1¤··*1—1;*·*1—·1**'——1**'*i•—**'***—'***I ' ' ' ,,,_,_,
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Aitemate Ad ;;lA11
Telephone Numbers, and Estimated Times Available For Service): gm
Ford 3 gba? rem
¤ ‘ ‘ ’ EM J on " so
eau., dna/e».¢7@A!b¤' · M ,
[S4}? z 6;
I I _’ _____ `
0 riginat uesting service • alf of: - N l AINFHFF TELEPHONE NUMBER DATE
”—“ "` ix gag, A I DEFENDANT ?IS`Z·f E 0
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI·HS LINE
I acknowledge receipt for the total Total Process District Distriet Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Orig? to Serve v_ “
(Sign only Hrst USM 285 if more I { ‘ ` %/
than one USM 285 is submitted) No. __ No. ` _;
I hereby certify and return that I I;] have personally servedg have legal evidence of service, [I have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporatiou, etc., shown at the address inserted below.

lj I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) l A pct-Sqn gf Suimblg age and djs-
iii cretion then residing in the defendant`s
usual place of abode.
Address (complete oniy if different than shown above) Date of Service Time am
if L5/O ,. pm
Signature o U.2arshal or Deputy
Service Fee Total Mileag Charges Forw rding Fee Total Charges Atlv nce Deposits Amount owed to U.S. Me al or Amount of Refund
(including endeavors)
REMARKS; _ L l ,.-.. (l l
\lUCk{ `fi/V I - Igbi/r/M {

PRIOR EDITIONS FORM USM-285 (Rent 11/15/80)
Nm BE USED 1. CLERK OF THE COURT